Where can I purchase a copy of a lease?

pjs493

I'm in the process of selling a leasehold property via Probate. I'm unable to find a copy in the paperwork relating to the property. I seem to have everything else relating to the property, including some now redundant paperwork, but no lease.

The leasehold management company want to charge £60 for a copy which seems extortionate. I've already ordered a seller pack from them for several hundred pounds so I'm loath to spend more if there is another way of obtaining a copy. I read on a consumer website that a copy can be obtained from the Land Registry, but I can't seem to find where I can do this on the website.

Any ideas? Or do I have to resign myself to giving £60 to the management company?

anselld

You can request a copy from Land Registry using form OC2 for a £7 fee.  It is postal though, not download.

pjs493

anselld said:

You can request a copy from Land Registry using form OC2 for a £7 fee.  It is postal though, not download.

Ah, that will be why I couldn’t find it. I assumed it would be online like the titles and plans. £7 is a lot more reasonable than £60! Thank you. 

propertyrental

That assumes they have it. They have many but not all. If the Leasehold Title (download for £3) says something like 'copy filed' then you can send form OC2 + £7 referring to the title number

https://www.gov.uk/government/publications/official-copies-of-documents-registration-oc2

pjs493

propertyrental said:

That assumes they have it. They have many but not all. If the Leasehold Title (download for £3) says something like 'copy filed' then you can send form OC2 + £7 referring to the title number

https://www.gov.uk/government/publications/official-copies-of-documents-registration-oc2

My understanding is (based on what I was reading on a consumer website yesterday) that it is a legal obligation for the lease to be lodged with the Land Registry. 

eddddy

pjs493 said:

propertyrental said:

That assumes they have it. They have many but not all. If the Leasehold Title (download for £3) says something like 'copy filed' then you can send form OC2 + £7 referring to the title number

https://www.gov.uk/government/publications/official-copies-of-documents-registration-oc2

My understanding is (based on what I was reading on a consumer website yesterday) that it is a legal obligation for the lease to be lodged with the Land Registry. 

It's been compulsory since 1990.

So if the property hasn't been sold since then, it may not be registered and Land Registry may not have a copy of the lease.

pjs493

eddddy said:

pjs493 said:

propertyrental said:

That assumes they have it. They have many but not all. If the Leasehold Title (download for £3) says something like 'copy filed' then you can send form OC2 + £7 referring to the title number

https://www.gov.uk/government/publications/official-copies-of-documents-registration-oc2

My understanding is (based on what I was reading on a consumer website yesterday) that it is a legal obligation for the lease to be lodged with the Land Registry. 

It's been compulsory since 1990.

So if the property hasn't been sold since then, it may not be registered and Land Registry may not have a copy of the lease.

The property was only built 15 years ago, so presumably it was lodged then?

fullyrendered

In the situation you have described you don't need to obtain a copy of the lease. Leave it to the conveyancer to sort out.

You will also find that when selling a probate property you can't answer all the questions on the conveyancing forms, and stating 'not known' is perfectly acceptable, buyers will need to carry out their own due diligence.

pjs493

fullyrendered said:

In the situation you have described you don't need to obtain a copy of the lease. Leave it to the conveyancer to sort out.

You will also find that when selling a probate property you can't answer all the questions on the conveyancing forms, and stating 'not known' is perfectly acceptable, buyers will need to carry out their own due diligence.

I might hold off then and see if it comes in the seller’s pack. Although, I don’t mind paying the £7 and apparently turn around times are only about a week. 

As it was a property my husband bought before we married, and lived in until we married and moved into military accommodation, I actually could answer all the questions on the forms the solicitors gave me. I’ve never formally lived there myself, but have spent a significant amount of time staying there before we married.  

I managed the rental for many years even though we never added me to the mortgage (so I could retain FTB status) and my husband declared the income on his tax return. The buyer happens to be the current tenant so it’s going to be a fairly straightforward transaction in many regards. He’s content so much that he didn’t want to bother with a survey because he’s lived there for a few years and knows the property well. 

eddddy

pjs493 said:

I might hold off then and see if it comes in the seller’s pack. Although, I don’t mind paying the £7 and apparently turn around times are only about a week. 

Just to clarify - you don't actually need a copy of the lease in order to sell the property.

Even if you got a copy and sent it to your solicitor, I suspect they would get their own copy from Land Registry - just in case you'd made a mistake, and sent the wrong document.

Conveyancing Solicitors will have access to Land Registry's portal, so they can request a copy online (and I think it only costs them £3).

And your solicitor would generally request the seller's management pack, and it would go straight to your solicitor. Why have you requested one for yourself? Have you agreed this approach with your solicitor?

pjs493

eddddy said:

pjs493 said:

I might hold off then and see if it comes in the seller’s pack. Although, I don’t mind paying the £7 and apparently turn around times are only about a week. 

Just to clarify - you don't actually need a copy of the lease in order to sell the property.

Even if you got a copy and sent it to your solicitor, I suspect they would get their own copy from Land Registry - just in case you'd made a mistake, and sent the wrong document.

Conveyancing Solicitors will have access to Land Registry's portal, so they can request a copy online (and I think it only costs them £3).

And your solicitor would generally request the seller's management pack, and it would go straight to your solicitor. Why have you requested one for yourself? Have you agreed this approach with your solicitor?

The solicitor asked me to order the pack and have it sent to them, but the online portal only allows me to order it and then it appears in the portal when it’s ready so I need to then forward it to the solicitor. Presumably asking me to do it saves them time and therefore time they don’t need fo charge me for.